COMMITTEE AGAINST TORTURE TO HOLD NINETEENTH SESSION GENEVA, 10 - 21 NOVEMBER
Press Release
HR/4340
COMMITTEE AGAINST TORTURE TO HOLD NINETEENTH SESSION GENEVA, 10 - 21 NOVEMBER
19971106 Background Release Reports by Cyprus, Argentina, Portugal, Switzerland, Cuba and Spain To Be ConsideredGENEVA, 5 November (UN Information Service) -- The Committee against Torture will hold its nineteenth session from 10 to 21 November, to review the measures adopted by Cyprus, Argentina, Portugal, Switzerland, Cuba and Spain to prevent and punish acts of torture. Representatives of these six States are expected to come before the Committee to defend their records in implementing the rights enshrined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Committee against Torture was established in 1987 to monitor compliance with the Convention and to assist States parties in implementing its provisions.
During the two-week meeting, the Committee members, elected by States parties to the Convention and serving in their personal capacity, will also study, in closed session, information appearing to contain well-founded indications that torture is being systematically practised in a State party. In addition, they will examine communications from individuals claiming to be victims of a violation by a State party of the provisions of the Convention. The large number of overdue reports from State parties on how they are applying the Convention will be another subject of discussion.
There are now 104 States parties to the Convention, with the adherence of Saudi Arabia and Kyrgyzstan since the last session of the Committee in May. The Convention requires signatories to outlaw torture and explicitly prohibits the use of "higher orders" or "exceptional circumstances" as excuses for acts of torture.
Provisional Timetable for Consideration of Reports
In ratifying or acceding to the Convention, States are obliged to submit reports on the measures they have taken to implement it. States are invited to send representatives to attend the meetings during which their reports are considered. For this session, the Committee has drawn up the following provisional timetable for the consideration of reports:
Tuesday, 11 November Cyprus Second periodic report (CAT/C/33/Add.1)
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Wednesday, 12 November Argentina Third periodic report (CAT/C/34/Add.5)
Thursday, 13 November Portugal Second periodic report (CAT/C/25/Add.10)
Friday, 14 November Switzerland Third periodic report (CAT/C/34/Add.6)
Monday, 17 November Cuba Initial report (CAT/C/32/Add.2)
Tuesday, 18 November Spain Third periodic report (CAT/C/34/Add.7)
Background on Convention and Committee
The General Assembly unanimously adopted the Convention in 1984, and it entered into force on 26 June 1987. States parties to the Convention are required to outlaw torture and are explicitly prohibited from using "higher orders" or "exceptional circumstances" as excuses for acts of torture. The Convention introduced two significant new elements to the United Nations fight against torture. First, it specifies that alleged torturers may be tried in any State party or they may be extradited to face trial in the State party where their crimes were committed. Second, it provides for international investigation of reliable reports of torture, including visits to the State party concerned, with its agreement.
Under Article 20 of the Convention, if the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a State party, the Committee shall invite that State party to cooperate in the examination of this information.
Under Article 21, a State party to the Convention may, at any time, declare that it recognizes the competence of the Committee to receive and consider communications to the effect that a State party claims that another State party is not fulfilling its obligations under the Convention.
Under Article 22, a State party to the Convention may, at any time, declare that it recognizes the competence of the Committee to receive and consider communications from, or on behalf of, individuals subject to its jurisdiction who claim to be victims of a violation by a State party of the provisions of the Convention.
At present, the Convention has been ratified or acceded to by the following 104 States: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Belarus, Belize, Benin,
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Bosnia and Herzegovina, Brazil, Bulgaria, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Chad, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Federal Republic of Yugoslavia, Finland, France, Georgia, Germany, Greece, Guatemala, Guinea, Guyana, Honduras, Hungary, Iceland, Israel, Italy, Jordan, Kenya, Kuwait, Kyrgyzstan, Latvia, Libya, Liechtenstein, Lithuania, Luxembourg, Malawi, Malta, Mauritius, Mexico, Monaco, Morocco, Namibia, Nepal, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saudi Arabia, Senegal, Seychelles, Slovakia, Slovenia, Somalia, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, The former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzbekistan, Venezuela, Yemen.
The following 39 States have recognized the competence of the Committee under Articles 21 and 22: Algeria, Argentina, Australia, Austria, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Federal Republic of Yugoslavia, Finland, France, Greece, Hungary, Iceland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, Russian Federation, Senegal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Togo, Tunisia, Turkey, Uruguay and Venezuela. In addition, the United Kingdom and the United States have recognized the competence of the Committee under Article 21 only.
The Commission on Human Rights, at its fifty-third session last April, adopted resolution 1997/38 which called on all governments to implement fully the prohibition of torture and other cruel, inhuman or degrading treatment or punishment and stressed that all allegations of such acts should be promptly and impartially examined by the competent national authorities.
The resolution also considered it desirable that the Special Rapporteur for the Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Nigel Rodley, continue to exchange views with the relevant human rights mechanisms, especially the Committee against Torture and the Office of the High Commissioner for Human Rights.
Membership, Officers
The Chairman of the Committee is Alexis Dipanda Mouelle, of Cameroon. Alejandro Gonzalez Poblete, of Chile; Bent Sorensen, of Denmark; and Alexander M. Yakovlev, of the Russian Federation, are Vice-Chairmen. The Rapporteur is Julia Iliopoulos-Strangas, of Greece.
The Committee also includes members Peter Thomas Burns, of Canada; Guibril Camara, of Senegal; Georghios M. Pikis, of Cyprus; Mukunda Regmi, of Nepal; and Bostjan M. Zuapancic, of Slovenia.
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